In order to provide coherent and concrete analysis of the decision, various court cases and academic opinion from varied sources are used. An important eu court case providing for mutual recognition of standards in different eu countries. I00321 portuguese 197900327 swedish iv00377 finnish iv00403 spanish 197900351. Selling arrangement no meqr keck is the third in row of the three court of justice of the european union decisions, all dealing with the interpretation of article 34 tfeu. Relationship between article 36 and cassis rule of reason.
Ecj case lawson on free movement of goods grades hero. That law imposed restraints on the import of fruit liqueurs, fixing minimum alcohol content for both domestic and imported products. Keck notes prepared on selling arrangement studocu. This book revisits, in a new light, some of the classic cases which constitute the foundations of the eu legal order and is timed to celebrate. The court held that a regulation applying to both imported and to domestic goods. However, the eu internal market is imperfect, so far as goods are concerned.
Cassis could not be imported into germany, because its alcoholic content was too low in order to satisfy the requirements of german law. A flawed locus classicus, leading cases of the twentieth century 2000 p. Ec court verdict from 1979 stating that, as a rule, products in one eu country are also legal in other eu countries case 12078. In order to ensure the market integration which was one the basis of the european union, the differents legislators had. Mutual recognition in the single market after the cassis. Raymond orourke, is the eu biting off more than it can chew. The past and future of eu law the classics of eu law revisited on the 50th anniversary of the rome treaty. Recommend this book email your librarian or administrator to recommend adding this book to your organisations collection. Eurlex 61978cj0120 en access to european union law. Judgment of the court of justice, rewezentral, case 12078. It concluded that legislation of the type in issue was justified on those grounds.
Article 34 tfeu prohibits restrictions on the import of goods from other member states. Text, cases and materials third edition, oxford university press, london. This is not an example of the work produced by our law essay writing service. Eu law, or european union law, concerns the law created by the european union. Fundamental case law of the court of justice making eu law work for citizens duration. It established that a product in this case, a french blackcurrant liqueur sold lawfully in one member state may not be prohibited in another member state in this case, germany except on public health grounds the socalled mutual recognition principle.
The court had developed an innovative way of reconciling national differences and making them compatible with eu law by developing the principle of mutual recognition. Oxford university press online resource centre essay question. Measures heaving an effect equivalent to quantitative restrictions. German law prohibited the marketing of liqueurs with an alcoholic strength of less than 25%.
The eu competition law and policy essay 2232 words bartleby. Judgment of the court of justice, rewezentral, case 12078 20 february 1979 caption. Which of the mandatory requirements might be available. The principle of free trade is one of the main pillars on which the economic integration of the eu rests. Summary of cassis dijon c12078 on september 28, 2016 september 28, 2016 by officialblogunio in summaries of judgments by jose ricardo sousa, student of the masters degree in eu law of uminho. Above all, what is required is a mutual recognition culture so that the eu can better enjoy the fruits of its own regulatory ingenuity. It requires member states to mutual recognise their national regulations in cases where there are no generally binding eu regulations. Sep 28, 2016 summary of cassis dijon c12078 on september 28, 2016 september 28, 2016 by officialblogunio in summaries of judgments by jose ricardo sousa, student of the masters degree in eu law of uminho. This means that goods produced and marketed in one member state may be sold without further restrictions in all other member states. Eu law concentrate 4e essay question the free movement of goods is an essential element of the internal market and both eu legislation and the decisions of the court of justice support the achievement of this aspect of economic integration. Nicolas bernard, on the art of not mixing ones drinks. Derogation from the free movement of goods in the eu. Consequently, both article 30 and mandatory requirements constitute derogations from the principle of the free movements of goods. The free movement of goods chapter 17 european union law.
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